Terms of Service
Last updated: June 29, 2026
These Terms of Service ("Terms") govern your access to and use of DivaPrompt's website at divaprompt.com and our AI image-generation services (the "Service"), operated by DivaPrompt ("DivaPrompt", "we", "us", or "our").
By creating an account or using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, you may not use the Service.
1. Eligibility
You must be at least 18 years old (and the age of legal majority where you live) to use DivaPrompt. By using the Service, you represent and warrant that you meet this requirement and that you have the legal capacity to enter into these Terms. The Service is not available to anyone previously removed from the Service by us.
2. The Service
DivaPrompt lets you generate stylized images using AI based on text prompts, style selections, and optional reference inputs. The Service may include curated prompt libraries, image generation, account management, and portrait packs that unlock image generation. We may add, change, or remove features at any time to improve the Service.
AI-generated output is produced by automated systems and may be inaccurate, unexpected, or not to your satisfaction. Output is provided "as is," and results are not guaranteed to be unique to you, as similar prompts may produce similar results for other users.
DivaPrompt's portrait generation is powered by third-party AI image-generation models hosted on Replicate. When you generate an image, your prompt and any reference inputs are sent to Replicate to produce your result.
3. Your Account
You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to provide accurate information, to keep it up to date, and to notify us promptly at contact@divaprompt.com of any unauthorized use. You may not share, sell, or transfer your account. We are not liable for any loss arising from unauthorized use of your account.
4. Portraits and Payment
Generating images requires portraits, purchased in one-time packs. Pricing and the number of portraits in each pack are shown on the Service at the time of purchase. Payments are processed securely by our payment provider, Creem; by making a purchase you also agree to Creem's applicable terms.
- A portrait is the unit that lets you create one AI-generated image. One portrait is consumed for each successful generation.
- Portraits are sold in one-time packs. DivaPrompt does not offer subscriptions, and packs do not auto-renew.
- Portraits do not expire while your account is active and remain in your account until used.
- Portraits have no cash value and are non-transferable.
- If a generation fails for a technical reason on our side, no portrait is consumed.
- We may change pack pricing with prior notice; changes apply to purchases made after the notice.
- You are responsible for any taxes associated with your purchases.
Refunds are described in our Refund Policy.
5. Refund Policy
Because the Service delivers digital content that is generated and made available immediately, refunds work on an all-or-nothing basis per pack: if none of the portraits in a pack have been used, you may request a full refund within 14 days of purchase; once any portrait in the pack has been used, that pack is non-refundable. If a generation fails for a technical reason on our side, no portrait is consumed. If you believe you were charged in error, were charged twice, or experienced a technical failure that prevented the Service from delivering what you paid for, contact us within 14 days of the charge at contact@divaprompt.com and we will review your request in good faith. Where a refund is required by applicable consumer-protection law, we will honor it. Full details are set out in our Refund Policy.
6. Acceptable Use
You agree to use DivaPrompt lawfully and responsibly. You retain responsibility for the prompts you submit, the reference inputs you upload, and the content you generate. You must have all rights necessary to any reference image you upload, and any person depicted must have consented to its use.
You may not use the Service to create, upload, request, or distribute content that:
- Sexualizes, exploits, or endangers minors in any way. This is strictly prohibited and we report such activity to the appropriate authorities;
- Is sexually explicit, pornographic, or otherwise adult or "NSFW" in nature — including nudity, sexual acts, fetish, or sexually suggestive depictions — whether or not a real person is depicted. DivaPrompt is a non-adult service and does not permit the generation, upload, or distribution of sexual or adult content of any kind;
- Depicts a real, identifiable person in a sexual, nude, intimate, or otherwise compromising manner without that person's explicit consent, including non-consensual "deepfake" imagery;
- Impersonates another person or uses someone's likeness to deceive, defraud, harass, or harm them;
- Is unlawful, defamatory, harassing, abusive, hateful, or promotes violence or discrimination against any individual or group;
- Infringes the intellectual-property, privacy, publicity, or other rights of others;
- Is intended to deceive or mislead (for example, fabricated content presented as a real photograph for fraudulent purposes);
- Contains malware or is used to interfere with, overload, scrape, reverse-engineer, or gain unauthorized access to the Service.
DivaPrompt uses automated content-moderation systems to screen prompts and generated images, and we may block, filter, or refuse any request that appears to violate this section. We may review, refuse, remove, or restrict content and may suspend or terminate accounts that violate this section, at our discretion and without prior notice where necessary to protect users or comply with the law.
7. Ownership of Generated Content
As between you and DivaPrompt, and subject to your compliance with these Terms and full payment of any applicable fees, you own the images you generate through the Service and may use them for personal or commercial purposes, to the extent permitted by applicable law. Note that AI-generated content may have limited or uncertain copyright protection in some jurisdictions, and we make no warranty about the legal status of any output.
You grant DivaPrompt a limited, non-exclusive license to host, store, and process your prompts, reference inputs, and generated images solely to operate, secure, and improve the Service. We will not publicly display your generated images as marketing without your permission.
8. Our Intellectual Property
The Service, including its software, design, branding, the DivaPrompt name and logo, and curated prompt collections, is owned by DivaPrompt and protected by intellectual-property laws. We grant you a limited, revocable, non-transferable license to use the Service for its intended purpose. You may not copy, modify, distribute, or create derivative works of the Service itself without our permission.
9. Third-Party Services
The Service relies on third-party providers, including Supabase, Cloudflare, Creem, Google Analytics, and Replicate, which hosts the third-party AI image-generation models that power our portrait generation. Your use of features powered by these providers may also be subject to their terms. We are not responsible for the practices of third-party services.
10. Disclaimers
The Service is provided "as is" and "as available" without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, and uninterrupted or error-free operation. We do not warrant that AI-generated output will be accurate, suitable, original, or free of unexpected content.
11. Limitation of Liability
To the maximum extent permitted by law, DivaPrompt and its team will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, data, or goodwill, arising from your use of (or inability to use) the Service. To the maximum extent permitted by law, our total liability for any claim relating to the Service will not exceed the greater of the amount you paid us in the three (3) months before the claim, or USD 50.
12. Indemnification
You agree to indemnify and hold harmless DivaPrompt and its team from any claims, damages, losses, and expenses (including reasonable legal fees) arising from your use of the Service, your content, or your violation of these Terms or of any law or third-party right.
13. Termination
You may stop using the Service and delete your account at any time. We may suspend or terminate your access if you violate these Terms, if required by law, or to protect the Service or other users. Upon termination, your right to use the Service ends immediately. Sections that by their nature should survive (including ownership, disclaimers, limitation of liability, and indemnification) will survive termination.
14. Changes to These Terms
We may update these Terms from time to time. When we make material changes, we will update the "Last updated" date and, where appropriate, notify you through the Service or by email. Your continued use of DivaPrompt after the changes take effect constitutes acceptance of the updated Terms.
15. Governing Law
These Terms are governed by the laws of the State of Wyoming, United States, without regard to its conflict-of-laws rules. Any dispute arising from these Terms or the Service will be subject to the exclusive jurisdiction of the courts located in Wyoming, except where applicable consumer-protection law grants you the right to bring a claim in your place of residence.
16. Contact Us
Questions about these Terms? Reach out any time:
DivaPrompt Team Email: contact@divaprompt.com Website: divaprompt.com
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